Judge Frowns On Undue Delay Of Suit

A Kumasi High Court Judge, Mr. Justice Diawuo, has expressed his disapproval at delays in the determination of cases before the courts.  Justice Diawuo is currently determining a suit which has suffered adjournments since it was filed in January 2009.

At a sitting at the last adjourned date on January 20, 2015, Justice Diawuo frowned on the delay, and urged the parties to be serious with their pursuits, or he would be compelled to strike out the case.

Opanin Kwadwo Busumuru, Kontire Bretuo Abusuapanin of Bekwai, and Madam Abena Biama have sued Nana Agyei Frimpong, Dwabisohene of Bekwai, and Mr. Jackson Ernest Amoh, owner of Excel filling station at Bekwai.

The plaintiffs are claiming a plot of land said to have been granted their ancestors who settled at Bekwai from Wioso, after Nana Akwatia had been installed Krontihene of Bekwai.

They claimed that to protect the land from being encroached upon, Nana Kwabena Poku  II, Krontihene of Bekwai and Head of the Bretuo Clan, in 1957 leased the said land to Patterson Zochonis & Company to construct a fuel filling station.

The plaintiffs claim the alleged sale of the land by the Dwabisohene, the first defendant, to the second defendant is illegal and unlawful.  They contend that they possess all the relevant documents, plans, property rate payments of the plot in question.

The defendants have denied claims by the plaintiffs, who are said to hail from Wioso and therefore have no lands at Bekwai.  The defendants further contend that the land in dispute is vested in the first defendant for and on behalf of the Dwabiso Stool of Bekwai, whose Overlord is the Bekwai Paramount Stool.

In spite of the position of the defendants, they have not been able to defend their case since the suit was brought against them.  It is in view of this unwarranted delay in the determination of the case that the Kumasi High Court (Lands Division), presided over by Mr. Justice Diawu, has adjourned sitting to February 13, 2015 for the trial to commence.